Judge tells jury: Keep discussing

Schaake jurors to return Tuesday in verdict attempt

For the second time in as many days, jurors in the sexual assault
trial of a 51-year-old former Flour Bluff head football coach said
Friday they were deadlocked on his innocence or guilt.

Jurors for the trial of Kenneth William "Bill" Schaake Jr., asked to
review testimony by a DNA analyst with the Texas Department of Public
Safety about 2:20 p.m.

Less than an hour later, the jury delivered another note to District
Judge Jack Hunter.

"Your honor," Hunter read aloud in court. "After continued
deliberation, this jury is still deadlocked with no prospect of
change."

Schaake is accused of sexually assaulting a 16-year-old boy who was
visiting his home in February 2005. If convicted, he faces between two
and 20 years in prison.

His attorney Kenneth Botary requested a mistrial Friday, but after
some discussion Hunter sent a note to the jury that read, "Please
continue to deliberate and return back Tuesday morning at 9 a.m."

Botary said it would not be a good idea for the jurors to take a
long weekend off because of the Presidents Day holiday on Monday and
expect them to stay away from news of the trial. He also said he felt
they had deliberated long enough.

"Your honor, they've been in deliberation over 10 hours," Botary
said. "Because we are faced with a weekend and a holiday I just think
it's too risky to continue."

Prosecutor Adolfo Aguilo, who has been assisting Sandra Eastwood
with the trial, said time away from the jury room might help.

"Given the nature of the case, it might help them," Aguilo said.

Eastwood said long deliberations are not unusual.

"I've seen juries out three or four days come back with a decision,"
she said.